Monday, August 29, 2016

Much has been discussed about the Digital
India project of Narendra Modi Government from time to time. Some have
considered Digital India a landmark project while others have labeled it
as mere gimmick. However, it is premature to predict the future and
efficacy of Digital India project at this stage as like National
E-Governance Plan (NeGP) of Congress Government, even Digital India
project must be given at least 5 years to work.

Perry4Law Organisation (P4LO)
has been providing its techno legal inputs, opinions and suggestions
regarding Digital India project since the very inception. We support the
Digital India project of Narendra Modi Government just like we
supported the NeGP of Congress Government. However, we also have some
apprehensions about Digital India just like its predecessor NeGP.

Surprisingly, both NeGP and Digital India are suffering from same shortcomings
despite being launched by two different Governments separated by a gap
of many years. The logical conclusion is that either the mentality and
work style of both Congress and BJP Governments is same or NeGP has been
renamed as Digital India with some active administrative push from the
Prime Minister’s Office (PMO). However, if the shortcomings of Digital
India are not removed urgently, it may have limited success just like
its predecessor NeGP.

We would discuss these critical issues
separately and in great detail in our individual articles. In this
article we would discuss some of the apprehensions that we have raised
from time to time since the launch of Digital India project. We request
that the Narendra Modi Government to consider various suggestions given
by Perry4Law Organisation (P4LO) from time to time.

The first suggestion that P4LO and
CEDILRI would provide to Indian Government is that the Digital India
project needs an urgent regulatory framework and adequate procedural
safeguards so that digital information and data are safe and secure. We
do not have dedicated laws for Privacy and Data Protection (PDF) in India and Digital India may face troubles in future. Presently India is not in a position to ensure Civil Liberties Protection in Cyberspace
for Indian masses. Narendra Modi Government’s push to club Digital
India with Aadhaar has also given rise to complicated and Constitutional
Censorship and Surveillance issues in India.

The second suggestion of P4LO and CEDILRI pertains to Cyber Security Infrastructure of India
that needs urgent rejuvenation. Cyber Security in India is still
evolving and this is a problematic issue. When Laws are always much
behind the technology, absence of Cyber Security can be catastrophic. As
on date the Digital Indian Cyber Security
is not at all convincing. If we are plugging everything into a digital
environment and are not focusing upon its Cyber Security, this is a bad
Policy decision. Before launching projects we must ensure robust and
resilient Cyber Security for them. We also need dedicated Cyber Security Laws in India for projects like Digital India and for protection of Indian Cyberspace.

The third suggestion of P4LO and CEDILRI
pertains to formulation of Techno Legal Policies regarding Cyber
Security and National Security. We have been stressing since 2008
that issues like Cyber Terrorism, National Security and Cyber Security
must be taken seriously by Indian Government. We even made some
representations to both Congress and BJP Governments in this regard from
time to time. We have also suggested to Indian Government that Cyber Security must be part of National Security Policy of India. In short, the National Security Policy of India needs a techno legal boost while duly incorporating the Cyber Security related aspects.

Actual implementation of existing
Policies and Laws is the biggest hurdle before the Indian Government.
For instance, it is of no use to formulate even the best Laws and
Policies if they are or cannot be implemented in a timely manner.
Through this blog and other web resources of Perry4Law Organisation
(P4LO) we would contribute our Techno Legal Expertise for formulation
and implementation of Digital India Laws and Regulations in India. We
hope national and international stakeholders would find our initiatives
useful.